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Causes in the construction of causal law: A psycho-ecological model
Authors:Gerald Young
Affiliation:1. Cardiology Department, University of Ferrara, Italy;2. Asan Medical Center, Seoul, Republic of Korea;3. Department of Internal Medicine, Cardiovascular Center, Seoul National University Hospital, Seoul, Republic of Korea;4. Interventional Cardiology, Istituto Clinico Humanitas IRCCS, Rozzano, Milan, Italy;5. Duke Clinical Research Institute, Duke University Medical Center, Durham, NC 27705, USA;1. Centre d''Etudes de Populations, de Pauvreté et de Politiques Socio-Economiques/International Networks for Studies in Technology, Environment, Alternatives, Development, 3 avenue de la Fonte, L-4364 Esch-sur-Alzette, Luxembourg;2. LAMETA, Université Montpellier I, France;1. Centre for Addiction and Mental Health, 33 Russell St., Toronto, ON M5S 2S1, Canada;2. School of Public Health, University of Alberta, 7-30 University Terrace, Edmonton T6G 2T4, Canada
Abstract:The article presents an integrated psycho-ecological model of the construction of law, with implications for practice in law and mental health. The model is based on a series of concentric circles, each representing a layer of influence on the construction of law. The circle furthest removed from the center represents the influence of culture, society and industry, in particular, and the circle at the center of the circle represents the case at hand, for example, about individual complainant or mass action. The article begins by arguing that basic terms in relation to cause need clarification and also work is needed to disambiguate the concepts involved. After dealing with these issues, the article examines science and mental health. Is the scientific evidence presented by the expert sufficiently reliable and valid to meet admissibility standards of good compared to poor or junk science? Is the research undertaken for court or presented to court biased, with factors hidden, such as links to industry. Are individual evaluations conducted with biased science serving to justify partial conclusions? The dangers of powerful influences on the construction of law are highlighted, for example, related to the individual complainant malingering and the insurance industry protecting its financial interests at the expense of genuinely injured patients. In conclusion, suggestions for empirical research are offered.
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